By Elkins H.B. No. 2408 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the unsuitability of certain solid waste facility 1-3 sites. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 361.104, Texas Health and Safety Code, is 1-6 amended by adding a new subsection and to read as follows: 1-7 Sec. 361.104. Prohibition on Permit for Facility in 1-8 Unsuitable Area. (a) The commission by rule shall prohibit the 1-9 issuance of a permit for a new hazardous waste management facility 1-10 or an areal expansion of an existing hazardous waste management 1-11 facility if the facility is to be located in an area determined to 1-12 be unsuitable under rules adopted by the commission under Section 1-13 361.103 unless the design, construction, and operational features 1-14 of the facility will prevent adverse effects from unsuitable site 1-15 characteristics. 1-16 (b) The commission may not authorize a new solid waste 1-17 management facility at a site for which a permit has been revoked 1-18 if the site is located within one-quarter mile (1,320 feet) of 1-19 recreational facility, park or school property. The commission may 1-20 not authorize an areal or capacity expansion of a solid waste 1-21 management facility which has not been constructed and operated 1-22 within ten years from permit issuance if the site is located within 1-23 one-quarter mile (1,320 feet) of recreational facility, park or 2-1 school property. 2-2 SECTION 2. The changes in law made by this Act shall apply 2-3 to facilities and sites permitted pursuant to the Texas Solid Waste 2-4 Disposal Act prior to and following the effective date of this Act. 2-5 SECTION 3. The importance of this legislation and the 2-6 crowded condition of the calendars in both houses create an 2-7 emergency and an imperative public necessity that the 2-8 constitutional rule requiring bills to be read on three several 2-9 days in each house be suspended, and this rule is hereby suspended, 2-10 and that this Act take effect and be in force from and after its 2-11 passage, and it is so enacted.